ESA and Medication not taken

I have just attended an ESA appeal trying to elevate the client to 15 pts for mobilising and subsequently placing him in the support group , and due to a number of reasons both myself and the customer over looked the fact that he was not taking painkillers for his condition which in part was pain related, he takes 12 other drugs for a complex range of ailments. The panel doctor really locked in on this, and wouldn’t let go, despite her being aware the Appellant was very confused about the situation and couldn’t explain why he didn’t have pain killers. what was established is that despite decompression surgery on his back , visits too 2 separate orthopaedic surgeons he has never been given painkillers, even post surgery no painkillers prescribed. Despite this no adjournment to find out if there was a medical reason he didn’t take them and the appeal refused as he could walk further than he claimed if he took ’ appropriate analgesic medication’.

I think there will be strong grounds for the UT anyway, but I would be grateful if anyone could flag up whether there is some case law which specifically addresses whether a panel doctor can make such assumption about taking medication/treatment, given their lack of knowledge of the appellants medical history or back ground.

All suggestions or views on the matter also welcome.

underlying heart condition?

I currently have a client who cannot take pain medication ( of any type) due to interaction with medication she must take for a seperate condition

The interaction between medication being very significant

I have other clients who have such a severe reaction to something basic like paracetemol they have to save it for special occasions when they are so ill they dont mind being flat out and 3/4 asleep

when clients are given multiple medication by various medical people ther are bound to be more and more occasions

I have in the past had very good results asking the pharmacist about interactions or the client GP where this is clear

Gastrointestinal Disorders?

My client has contacted his GP and he is getting evidence that it is the fact painkillers react to his other medications, and make him ill. So that is sorted , though any case law would be useful.